Philippine Environmental Laws
Philippine Clean Air Act of 1999
CHAPTER 1
GENERAL PROVISIONS
Article One
Basic Air Quality Policies
Section 1. Short Title. - This Act shall be
known as the “Philippine Clean Air Act of
1999”.
Section 2. Declaration of Principles. - The State
shall protect and advance the right of the
people to a balanced and healthful ecology
in accord with the rhythm and harmony of
nature.
The State shall promote and protect the
global environment to attain sustainable
development while recognizing the primary
responsibility of local government units to
deal with environmental problems.
The State recognizes that the responsibility
of cleaning the habitat and environment is
primarily area-based.
The State also recognizes the principle that
“polluters must pay”.
Finally, the State recognizes that a clean and
healthy environment is for the good of all
and should therefore be the concern of all.
Section 3. Declaration of Policies. - The State
shall pursue a policy of balancing
development and environmental protection.
To achieve this end, the frame work for
sustainable development shall be pursued. It
shall be the policy of the State to:
a. Formulate a holistic national program of
air pollution management that shall be
implemented by the government through
proper delegation and effective
coordination of functions and activities;
b. Encourage cooperation and self-
regulation among citizens and industries
through the application of market-based
instruments;
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c. Focus primarily on pollution prevention
rather than on control and provide for a
comprehensive management program for
air pollution;
d. Promote public information and
education and to encourage the
participation of an informed and active
public in air quality planning and
monitoring; and
e. Formulate and enforce a system of
accountability for short and long-term
adverse environmental impact of a project,
program or activity. This shall include the
setting up of a funding or guarantee
mechanism for clean-up and environmental
rehabilitation and compensation for
personal damages.
Section 4. Recognition of Rights. - Pursuant to
the above-declared principles, the following
rights of citizens are hereby sought to be
recognized and the State shall seek to
guarantee the enjoyment:
a. The right to breathe clean air;
b. The right to utilize and enjoy all natural
resources according to the principles of
sustainable development;
c. The right to participate in the
formulation, planning, implementation
and monitoring of environmental
policies and programs and in the
decision-making process;
d. The right to participate in the decision-
making process concerning
development policies, plans and
programs projects or activities that may
have adverse impact on the
environment and public health;
e. The right to be informed of the nature
and extent of the potential hazard of
any activity, undertaking or project and
to be served timely notice of any
significant rise in the level of pollution
and the accidental or deliberate release
into the atmosphere of harmful or
hazardous substances;
f. The right of access to public records
which a citizen may need to exercise his
or her rights effectively under this Act;
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g. The right to bring action in court or
quasi-judicial bodies to enjoin all
activities in violation of environmental
laws and regulations, to compel the
rehabilitation and cleanup of affected
area, and to seek the imposition of
penal sanctions against violators of
environmental laws; and
h. The right to bring action in court for
compensation of personal damages
resulting from the adverse
environmental and public health impact
of a project or activity.
Article Two
Definition of Terms
Section 5. Definitions. - As used in this Act:
a. “Air pollutant” means any matter found
in the atmosphere other than oxygen,
nitrogen, water vapor, carbon dioxide,
and the inert gases in their natural or
normal concentrations, that is
detrimental to health or the
environment, which includes but not
limited to smoke, dust, soot, cinders, fly
ash, solid particles of any king, gases,
fumes, chemical mists, steam and
radioactive substances;
b. “Air pollution” means any alteration of
the physical, chemical and biological
properties of the atmospheric air, or any
discharge thereto of any liquid, gaseous
or solid substances that will or is likely
to create or to render the air resources
of the country harmful, detrimental, or
injurious to public health, safety or
welfare or which will adversely affect
their utilization for domestic,
commercial, industrial, agricultural,
recreational, or other legitimate
purposes;
c. “Ambient air quality guideline values”
means the concentration of air over
specified periods classified as short-
term and long-term which are intended
to serve as goals or objectives for the
protection of health and/or public
welfare. These values shall be used for
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air quality management purposes such
as determining time trends, evaluating
stages of deterioration or enhancement
o the air quality, and in general, used as
basis or taking positive action in
preventing, controlling, or abating air
pollution;
d. “Ambient air quality” means the general
amount of pollution present in a broad
area; and refers to the atmosphere’s
average purity as distinguished from
discharge measurements taken at the
source of pollution;
e. “Certificate of Conformity” means a
certificate issued by the Department o
Environment and Natural Resources to
a vehicle manufacturer/assembler or
importer certifying that a particular new
vehicle or vehicle type meets the
requirements provided under this Act
and its rules and regulations;
f. “Department” means the Department
of Environment and Natural Resources;
g. “Eco-profile” means the geographic-
based instrument for planners and
decision-makers which present an
evaluation of the environment quality
and carrying capacity of an area. It is the
result of the integration of primary data
and information on natural resources
and antropogenic activities on the land
which evaluated by various
environmental risk assessment and
forecasting methodologies that enable
the Department to anticipate the type of
development control necessary in the
planning area.
h. “Emission” means any air contaminant,
pollutant, gas stream or unwanted
sound from a known source which is
passed into the atmosphere;
i. “Greenhouse gases” means those gases
that can potentially or can reasonably be
expected to induce global warming,
which include carbon dioxide, oxides of
nitrogen, chloroflourocarbons, and the
like;
j. “Hazardous substances” means those
substances which present either: (1)
short-term acute hazards such as acute
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toxicity by ingestion, inhalation, or skin
absorption, corrosivity or other skin or
eye contact hazard or the risk of fire
explosion; or (2) long-term toxicity
upon repeated exposure, carcinogecity
(which in some cases result in acute
exposure but with a long latent period),
resistance to detoxification process such
as biodegradation, the potential to
pollute underground or surface waters;
k. “Infectious waste” means that portion
of medical waste that could transmit an
infectious disease;
l. “Medical waste” means that materials
generated as a result of patient
diagnosis, treatment, or immunization
of human beings or animals;
m. “Mobile source” means any vehicle
propelled by or thorough combustion
of carbon-based or other fuel,
constructed and operated principally for
the conveyance of persons or the
transportation of property goods;
n. “Motor vehicle” means any vehicle
propelled by a gasoline or diesel engine
or by any means other than human or
animal power, constructed and operated
principally for the conveyance of
persons or the transportation of
property or goods in a public highway
or street open to public use;
o. “Municipal waste” means the waste
materials generated from communities
within a specific locality;
p. “New vehicle” means a vehicle
constructed entirely from new parts that
has never been sold or registered with
the DOTC or with the appropriate
agency or authority, and operated on
the highways of the Philippines, any
foreign state of country;
q. “Octane Rating or the Anti-Knock
Index (AKI)” means the rating of the
anti-knock characteristics of a grade or
type of automotive gasoline as
determined by dividing by two (2) the
sum of the Research Octane Number
(RON), plus the Motor Octane Number
(MON); the octane requirement, with
respect to automotive gasoline for use
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in a motor vehicle or a class thereof,
whether imported, manufactured, or
assembled by a manufacturer, shall refer
to the minimum octane rating of such
automotive gasoline which such
manufacturer recommends for the
efficient operation of such motor
vehicle, or a substantial portion of such
class, without knocking;
r. “Ozone Depleting Substances (ODS)”
means those substances that
significantly deplete or otherwise
modify the ozone layer in a manner that
is likely to result in adverse effects of
human health and the environment
such as , but not limited to ,
chloroflourocarbons, halons and the
like;
s. “Persistent Organic Pollutants (POPs)”
means the organic compounds that
persist in the environment,
bioaccumulate through the food web,
and pose a risk of causing adverse
effects to human health and the
environment. These compounds resist
photolytic, chemical and biological
degradation, which shall include but not
be limited to dioxin, furan,
Polychlorinated Biphenyls (PCBs),
organochlorine pesticides, such as
aldrin, dieldrin, DDT,
hexachlorobenzene, lindane, toxaphere
and chlordane;
t. “Poisonous and toxic fumes” means
any emissions and fumes which are
beyond internationally-accepted
standards, including but not limited to
the World Health Organization (WHO)
guideline values;
u. “Pollution control device” means any
device or apparatus used to prevent,
control or abate the pollution of air
caused by emissions from identified
pollution sources at levels within the air
pollution control standards established
by the Department;
v. “Pollution control technology” means
the pollution control devices,
production process, fuel combustion
processes or other means that
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effectively prevent or reduce emissions
or effluent;
w. “Standard of performance” means a
standard for emissions of air pollutant
which reflects the degree of emission
limitation achievable through the
application of the best system of
emission reduction, taking into account
the cost of achieving such reduction
and any non-air quality health and
environmental impact and energy
requirement which the Department
determines, and adequately
demonstrates; and
x. “Stationary source” means any building
or immobile structure, facility or
installation which emits or may emit any
air pollutant.
CHAPTER 2
AIR QUALITY MANAGEMENT
SYSTEM
Article One
General Provisions
Section 6. Air Quality Monitoring and
Information Network - The Department shall
prepare an annual National Air Quality
Status Report which shall be used as the
basis in formulating the Integrated Air
Quality Improvement Framework, as
provided for in Sec. 7.
The said report shall include, but shall not
be limited to the following:
a.) Extent of pollution in the country, per
type of pollutant and per type of source,
based on reports of the Department’s
monitoring stations;
b.) Analysis and evaluation of the current
state, trends and projections of air
pollution at the various levels provided
herein;
c.) Identification of critical areas, activities,
or projects which will need closer
monitoring or regulation;
d.) Recommendations for necessary
executive and legislative action; and
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e.) Other pertinent qualitative and
quantitative information concerning the
extent of air pollution and the air quality
performance rating of industries in the
country.
The Department, in cooperation with the
National Statistical Coordination Board
(NSCB), shall design and develop an
information network for data storage,
retrieval and exchange.
The Department shall serve as the central
depository of all data and information
related to air quality.
Section 7. Integrated Air Quality Improvement
Framework. - The Department shall within
six (6) months after the effectivity of this
Act, establish, with the participation of
LGUs, NGOs, POs, the academe and other
concerned entities from the private sector,
formulate and implement the Integrated Air
Quality Improvement Framework for a
comprehensive air pollution management
and control program. The framework shall,
among others, prescribe the emission
reduction goals using permissible standards,
control strategies and control measures to
undertaken within a specified time period,
including cost-effective use of economic
incentives, management strategies, collective
actions, and environmental education and
information.
The Integrated Air Quality Improvement
Framework shall be adopted as the official
blueprint with which all government
agencies must comply with to attain and
maintain ambient air quality standards.
Section 8. Air Quality Control Action Plan. -
Within six (6) months after the formulation
of the framework, the Department shall,
with public participation, formulate and
implement an air quality control action plan
consistent with Sec. 7 of this Act. The
action plan shall:
a.) Include enforceable emission limitations
and other control measures, means or
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techniques, as well as schedules and time
tables for compliance, as may be necessary
or appropriate to meet the applicable
requirements of this Act;
b.) Provide for the establishment and
operation of appropriate devices, methods,
systems and procedures necessary to
monitor, compile and analyze data on
ambient air quality;
c.) Include a program to provide for the
following:
(1) enforcement of the measure
described in subparagraph (a);
(2) regulation of the modification
and construction of any stationary
source within the areas covered by
the plan, in accordance with land
use policy to ensure that ambient air
quality standards are achieved;
d). Contain adequate provisions, consistent
with the provisions of this Act, prohibiting
any source or other types of emissions
activity within the country from emitting
any air pollutant in amounts which will
significantly contribute to the non-
attainment or will interfere with the
maintenance by the Department of any such
ambient air quality standard required to be
included in the implementation plan to
prevent significant deterioration of air
quality or to protect visibility;
e.) Include control strategies and control
measures to be undertaken within a
specified time period, including cost
effective use of economic incentives,
management strategies, collection action
and environmental education and
information;
f.) Designate airsheds; and
g.) All other measures necessary for the
effective control and abatement of air
pollution.
The adoption of the plan shall clarify the
legal effects on the financial, manpower and
budgetary resources of the affected
government agencies, and on the alignment
of their programs with the plans.
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In addition to direct regulations, the plan
shall be characterized by a participatory
approach to the pollution problem. The
involvement of private entities in the
monitoring and testing of emissions from
mobile and/or stationary sources shall be
considered.
Likewise, the LGU’s, with the assistance
from the Department, shall prepare and
develop an action plan consistent with the
Integrated Air Quality Improvement
Framework to attain and maintain the
ambient air quality standards with their
respective airsheds as provided in Sec. 9
hereof.
The local government units shall develop
and submit to the Department as procedure
for carrying out the action plan for their
jurisdiction. The Department, however,
shall maintain its authority to independently
inspect the enforcement procedure adopted.
The Department shall have the power to
closely supervise all or parts of the air
quality action plan until such time the local
government unit concerned can assume the
function to enforce the standards set by the
Department.
A multi-sectoral monitoring team with
broad public representation shall be
convened by the Department for each LGU
to conduct periodic inspections of air
pollution sources to assess compliance with
emission limitations contained in their
permits.
Section 9. Airsheds. - Pursuant to Sec. 8 of
this Act, the designation of airsheds shall be
on the basis of, but not limited to, areas
with similar climate, meteorology and
topology which affect the interchange and
diffusion of pollutants in the atmosphere, or
areas which share common interest or face
similar development programs, prospects or
problems.
For a more effective air quality
management, a system of planning and
Philippine Environmental Laws
coordination shall be established and a
common action plan shall be formulated for
each airshed.
To effectively carry out the formulated
actions plans, a Governing Board is hereby
created, hereinafter referred to as the Board.
The Board shall be headed by the Secretary
of the Department of Environment and
Natural Resources as chairman. The
members shall be as follows:
a.) Provincial Governors from areas
belonging to the airshed;
b.) City/Municipal Mayors from areas
belonging to the airshed;
c.) A representative from each concerned
government agency;
d.) Representatives from people’s
organizations;
e.) Representatives from non-government
organizations; and
f.) Representatives from the private sector.
The Board shall perform the following
functions:
a.) Formulation of policies;
b.) Preparation of a common action plan;
c.) Coordination of functions among its
members; and
d.) Submission and publication of an annual
Air Quality Status Report for each airshed.
Upon consultation with appropriate local
government authorities, the Department
shall, from time to time, revise the
designation of airsheds utilizing eco-
profiling techniques and undertaking
scientific studies.
Emissions trading may be allowed among
pollution sources within an airshed.
Section 10. Management of Non-attainment
Areas. - The Department shall designate
areas where specific pollutants have already
exceeded ambient standards as
nonattainment areas. The Department shall
prepare and implement a program that will
prohibit new sources of exceeded air
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pollutant without a corresponding reduction
in existing resources.
In coordination with other appropriate
government agencies, the LGUs shall
prepare and implement a program and other
measures including relocation, whenever
necessary, to protect the health and welfare
of residents in the area.
For those designated as non-attainment
areas, the Department, after consultation
with local government authorities, non-
government organizations (NGOs),
people’s organizations (POs) and concerned
sectors may revise the designation of such
areas and expand its coverage to cover
larger areas depending on the condition of
the areas.
Section 11. Air Quality Control Techniques. -
Simultaneous with the issuance of the
guideline values and standards, the
Department, through the research and
development program contained in this Act
and upon consultation with appropriate
advisory committees, government agencies
and LGUs, shall issue, and from time to
time, revise information on air pollution
control techniques. Such information shall
include:
a.) Best available technology and alternative
methods of prevention, management and
control of air pollution;
b.) Best available technology economically
achievable which shall refer to the
technological basis/standards for emission
limits applicable to existing, direct industrial
emitters of nonconventional and toxic
pollutants; and
c.) Alternative fuels, processes and
operating methods which will result in the
eliminator or significant reduction of
emissions.
Such information may also include data
relating to the cost of installation and
operation, energy requirements, emission
reduction benefits, and environmental
impact or the emission control technology.
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The issuance of air quality guideline values,
standards and information on air quality
control techniques shall be made available
to the general public:
Provided, That the issuance of information
on air quality control techniques shall not be
construed as requiring the purchase of
certain pollution control devices by the
public.
Section 12. Ambient Air Quality Guideline
Values and Standards. - The Department, in
Short
Term a
coordination with other concerned agencies,
shall review and or revise and publish
annually a list of hazardous air pollutants
with corresponding ambient guideline
values and / or standard necessary to
protect health and safety, and general
welfare. The initial list and values of the
hazardous air pollutants shall be as follows:
a.) For National Ambient Air Quality
Guideline for Criteria Pollutants:
Long Term
b

Averaging Averaging
Pollutants µg/Ncm ppm µg/Ncm ppm
Time Time
Suspended Particulate
230d 24 hours 90 -- 1 yeare
Matterc-TSP
-PM-10 150f 24 hours 60 -- 1 yeare
Sulfur Dioxidec 180 0.07 24 hours 80 0.03 1 year
Nitrogen Dioxide 150 0.08 24 hours -- -- --
Photochemical Oxidants 140 0.07 1 hour -- -- ---
As Ozone 60 0.03 8 hours -- -- --
Carbon Monoxide 35 30 1 hour -- -- --
mg/Ncm
10 9 8 hours -- -- --
mg/Ncm
Leadg 1.5 -- 3 monthsg 1.0 -- 1 year
a. Maximum limits represented by ninety- e. Annual Geometric Mean
eight percentile (98%) values not to be f. Provisional limits for Suspended
exceed more than once a year. Particulate Matter with mass median
b. Arithmetic mean diameter less than 10 microns and below
c. SO2 and Suspended Particulate matter are until sufficient monitoring data are gathered
sampled once every six days when using the to base a proper guideline.
manual methods. A minimum of twelve g. Evaluation of this guideline is carried out

sampling days per quarter of forty-eight
sampling days each year is required for these
methods. Daily sampling may be done in
the future once continuous analyzers are
procured and become available.
d. Limits for Total Suspended Particulate
for 24-hour averaging time and averaged
over three moving calendar months. The
monitored average value for any three
months shall not exceed the guideline value.

Matter with mass median diameter less than

25-50 um.

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b) For National Ambient Air Quality

Standards for Source Specific Air Pollutants
from Industrial Sources/ Operations:

Averaging Method of Analysis/

Pollutants1 Concentration2
time (min.) Measurement3
µ/Ncm ppm

1. Ammonia 200 0.28 30 Nesselerization/ Indo Phenol

2. Carbon Disulfide 30 0.01 30 Tischer Method
3. Chlorine and Chlorine
Compounds expressed as 100 0.03 5 Methyl Orange
Cl2
Chromotropic acid Method
4. Formaldehyde 50 0.04 30 or MBTH Colorimetric
Method
Volhard Titration with Iodine
5. Hydrogen Chloride 200 0.13 30
Solution
6. Hydrogen Sulfide 100 0.07 30 Methylene Blue
7. Lead 20 30 AASc
8. Nitrogen Dioxide 375,260 0.20,0.14 30,60 Greiss- Saltzman
9. Phenol 100 0.03 30 4-Aminoantiphyrine
10. Sulfur Dioxide 470, 340 0.18, 0.13 30,60 Colorimetric-Pararosaniline
11. Suspended Particulate
Matter-TSP 300 -- 60 Gravimetric
1 Pertinent ambient standards for the effects on public health or welfare of
Antimony, Arsenic, Cadmium, Asbestos, such air pollutant;
Nitric Acid and Sulfuric Acid Mists in the b) The other types of air pollutants which
1978 NPCC Rules and Regulations may be may interact with such pollutant to produce
considered as guides in determining an adverse effect on public health or
compliance. welfare; and
2 Ninety- eight percentile (98%) values of c) The kind and extent of all identifiable
30-minute sampling measured at 250C and effects on public health or welfare which
one atmosphere pressure. may be expected from presence of such
3 Other equivalent methods approved by pollutant in the ambient air, in varying
the Department may be used. quantities.

The basis in setting up the ambient air
quality guideline values and standards shall
reflect, among others, the latest scientific
knowledge including information on:
a) Variable, including atmospheric
conditions, which of themselves or in
combination with other factors may alter
The Department shall base such ambient air
quality standards on World Health
Organization (WHO) standards, but shall
not be limited to nor be less stringent than
such standards.
Section 13. Emission Charge System. - The
Department, in case of industrial
dischargers, and the Department of

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Philippine Environmental Laws
Transportation and Communication
(DOTC), in case of motor vehicle
dischargers, shall, based on environmental
techniques, design, impose on and collect
regular emission fees from said dischargers
as part of the emission permitting system or
vehicle registration renewal system, as the
case may be. The system shall encourage the
industries and motor vehicles to abate,
reduce, or prevent pollution. The basis of
the fees include, but is not limited to, the
volume and toxicity of any emitted
pollutant. Industries, which shall install
pollution control devices or retrofit their
existing facilities with mechanisms that
reduce pollution shall be entitled to tax
incentives such as but not limited total
credits and/or accelerated depreciation
deductions.
Section 14. Air Quality Management Fund. -
An Air Quality Management Fund to be
administered by the Department as a special
account in the National Treasury is hereby
established to finance containment,
removal, and clean-up operations of the
Government in air pollution cases,
guarantee restoration of ecosystems and
rehabilitate areas affected by the acts of
violators of this Act, to support research,
enforcement and monitoring activities and
capabilities of the relevant agencies, as well
as to provide technical assistance to the
relevant agencies. Such fund may likewise
be allocated per airshed for the undertakings
herein stated.
The Fund shall be sourced from the fines
imposed and damages awarded to the
Republic of the Philippines by the Pollution
Adjudication Board (PAB), proceeds of
licenses and permits issued by the
Department under this Act, emission fees
and from donations, endowments and
grants in the forms of contributions.
Contributions to the Fund shall be
exempted from donor taxes and all other
taxes, charges or fees imposed by the
Government.
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Section 15. Air Pollution Research and
Development Program. - The Department, in
coordination with the Department of
Science and Technology (DOST), other
agencies, the private sector, the academe,
NGO’s and PO’s, shall establish a National
Research and Development Program for the
prevention and control of air pollution. The
Department shall give special emphasis to
research on and the development of
improved methods having industry-wide
application for the prevention and control
of air pollution.
Such a research and development program
shall develop air quality guideline values and
standards in addition to internationally-
accepted standards. It shall also consider the
socio-cultural, political and economic
implications of air quality management and
pollution control.
ARTICLE TWO
Air Pollution Clearances and Permits for
Stationary Sources
Section 16. Permits. - Consistent with the
provisions of this Act, the Department shall
have the authority to issue permits as it may
determine necessary for the prevention and
abatement of air pollution.
Said permits shall cover emission limitations
for the regulated air pollutants to help attain
and maintain the ambient air quality
standards. These permits shall serve as
management tools for the LGUs in the
development of their action plan.
Section 17. Emission Quotas. - The
Department may allow each regional
industrial center that is designated as special
airshed to allocate emission quotas to
pollution sources within its jurisdiction that
qualify under an environmental impact
assessment system programmatic
compliance program pursuant to the
implementing rules and regulations of
Presidential Decree No. 1586.
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Section 18. Financial Liability for

Environmental Rehabilitation. As Part of the ARTICLE THREE
environmental management plan attached Pollution from Stationary Sources
to the environmental compliance certificate Section 19. Pollution From Stationary Sources. -
pursuant to Presidential Decree No. 1586 The Department shall, within two (2) years
and rules and regulations set therefore, the from the effectivity of this Act, and every
Department shall require program and two (2) years thereafter, review, or as the
project proponents to put up financial need therefore arises, revise and publish
guarantee mechanisms to finance the needs emission standards, to further improve the
for emergency response, clean-up emission standards for stationary sources of
rehabilitation of areas that may be damaged air pollution. Such emission standards shall
during the program or project’s actual be based on mass rate of emission for all
implementation. Liability for damages shall stationary source of air pollution based on
continue even after the termination of a internationally accepted standards, but not
program or project, where such damages are be limited to, nor be less stringent than such
clearly attributable to that program or standards and with the standards set forth in
project and for a definite period to be this section. The standards, whichever is
determined by the Department and applicable, shall be the limit on the
incorporated into the environmental acceptable level of pollutants emitted from a
compliance certificate. stationary source for the protection of the
public’s health and welfare.
Financial liability instruments may be in the
form a trust fund, environmental insurance, With respect to any trade, industry, process
surety bonds, letters of credit, as well as and fuel-burning equipment or industrial
self-insurance. The choice of the guarantee plant emitting air pollutants, the
instruments or combinations thereof shall concentration at the point of emission shall
depend, among others, on the assessment of not exceed the following limits:
the risks involved. Proponents required to
put up guarantee instruments shall furnish
the Department with evidence of availment
of such instruments.
Maximum
Standard Applicable to
Pollutants Permissible Limits Method of Analysisa
Source
(mg/Ncm)
1. Antimony and Its
any source 10 as Sb AASb
compounds
2. Arsenic and its
Any source 10 as As AASb
compounds
3. Cadmium and its
Any source 10 as Cd AASb
compounds
4. Carbon Monoxide Any industrial Source 500 as CO Orsat analysis
5. Copper and its
Any industrial source 100 ax Cu AASb
Compounds
6. Hydrofluoric Acids Any source other than the
Titration with Ammonium
and Fluoride manufacture of 50 as HF
Thiocyanate
compounds Aluminum from Alumina
7. Hydrogen Sulfide i) Geothermal Power Plants c.d Cadmium Sulfide Method

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ii) Geothermal
Exploration and well- e
testing
iii) Any source other than
7 as H2S Cadmium Sulfide Method
(i) and (ii)
Any trade, industry or
8. Lead 10 as Pb AASb
process
AASb/Cold-Vapor
9. Mercury Any Source 5 as elemental Hg
Technique or Hg Analyzer
10. Nickel and its
compounds, except Any source 20 as Ni AASb
Nickel Carbonyl f
2,000 as acid and
i) Manufacture of Nitric Phenol-disulfonic acid
11. NOx NOx and calculated
Acid Method
as NO2
ii) Fuel burning steam Phenol-disulfonic acid
generators Method
Existing Source 1,500 as NO2
New Source
• Coal-Fired 1,000 as NO2
• Oil-Fired 500 as NO2
iii) Any source other than Phenol-disulfonic acid
(i) adn (ii) Method
Existing Source 1000 as NO2
New Source 500 as NO2
12. Phosphorus
Any source 200 as P2O5 Spectrophotometry
Pentoxideg
13. Zinc and its
Any source 100 as Zn AASb
Compounds
a Other equivalent methods approved by the Department may be used.
b Atomic Absorption Spectrophotometry
c All new geothermal power plants starting construction by 01 January 1995 shall control HsS

emissions to not more than 150 g/GMW-Hr

d All existing geothermal power plants shall control HsS emissions to not more than 200

g/GMW-Hr within 5 years from the date of effectivity of these revised regulations.
e Best practicable control technology for air emissions and liquid discharges. Compliance with air

and water quality standards is required.

f Emission limit of Nickel Carbonyl shall not exceed 0.5 mg/Ncm.
g Provisional Guideline

Provided, that the maximum limits in mg/ncm particulates in said sources shall be:

1. Fuel Burning Equipment

a) Urban or Industrial Area 150 mg/Ncm
b) Other Area 200 mg/Ncm

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Philippine Environmental Laws Pollution

2. Cement Plants (Kilns, etc.) 150 mg/Ncm

3. Smelting Furnaces 150 mg/Ncm
4. Other Stationary Sources 200 mg/Ncm
a

a Other Stationary Sources means a trade, process, industrial plant, or fuel burning equipment
other than thermal power plants, industrial boilers, cement plants, incinerators and smelting
furnaces.

Provided, further, that the maximum limits for sulfur oxides in said sources shall be:

(1) Existing Sources

(i) Manufacture of Sulfuric
Acid and Sulf(on)ation 2.0gm.Ncm as SO3
Process
(ii) Fuel burning Equipment 1.5gm.Ncm as SO2 a Other Stationary Sources refer to
(iii) Other Stationary existing and new stationary sources
1.0gm.Ncm as SO3 other than those caused by the
Sourcesa
(2) New Sources manufacture of sulfuric acid and
sulfonation process, fuel burning
(i) Manufacture of Sulfuric equipment and incineration.
Acid and Sulf(on)ation 1.5 gm.Ncm as SO3
Process
(ii) Fuel Burning
0.7 gm.Ncm as SO2
Equipment
(iii) Other Stationary
0.2 gm.Ncm as SO3
Sourcesa

For Stationary sources of pollution not specifically included in the immediately preceding
paragraph, the following emission standards shall not be exceeded in the exhaust gas:

I. Daily and Half Hourly Average Values

Daily Average
Half Hourly Average Values
Values
Total dust 10 mg/m3 30 mg/m3
Gaseous and vaporous organic
substances, expressed as total organic 10 mg/m3 20 mg/m3
carbon
Hydrogen chloride (HCl) 10 mg/m3 60 mg/m3
Hydrogen fluoride (HF) 1 mg/m3 4 mg/m3
Sulfur dioxide (SO2) 50 mg/m3 200 mg/m3
Nitrogen monoxide (NO) and
Nitrogen dioxide (NO2), expressed as
nitrogen dioxide for incineration 200 mg/m3 400 mg/m3
plants with a capacity exceeding 3
tonnes per hour

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Philippine Environmental Laws Pollution

Nitrogen monoxide (NO) and

nitrogen dioxide (NO2), expressed as
nitrogen dioxide for incineration 300 mg/m3
plants with a capacity of 3 tonnes per
hour or less
Ammonia 10 mg/m3 20 mg/m3

II. All the Average Values over the Sample Period of a Minimum of 4 and Maximum of 8
Hours.

Cadmium and its compounds, expressed as cadmium (Cd) total 0.05

Thallium and its compounds, expressed as thallium (Tl) mg/m3
Mercury and its Compounds, expressed as mercury (Hg) 0.05 mg/m3
Antimony and its compounds, expressed as antimony (Sb)
Arsenic and its compounds, expressed as arsenic (As) total 0.5 mg/m3
Lead and its compounds, expressed as lead ( Pb)
Chromium and its compounds, expressed as chromium (Cr)
Cobalt and its compounds, expressed as cobalt (Co)
Copper and its compounds, expressed as copper (Cu)
Manganese and its compounds, expressed as manganese (Mn)
Nickel and its compounds, expressed as nickel (Ni)
Vanadium and its compounds, expressed as vanadium (V)
Tin and its compounds, expressed as tin (Sn)
Existing industries, which are proven to
These average value cover also gaseous and exceed emission rates established by the
the vapor forms of the relevant heavy metal Department in consultation with
emission as well as their compounds. stakeholders, after a thorough, credible and
Provided, that the emission of dioxins and transparent measurement process shall be
furans into the air shall be reduced by the allowed a grace period of eighteen (18)
most progressive techniques. Provided, months for the establishment of an
further that all average of dioxin and furans environmental management system and the
measured over the sample period of a installation of an appropriate air pollution
minimum of 5 hours and maximum of 8 control device: Provided, That an extension
hours must not exceed the limit value of 0.1 of not more than twelve (12) months may
nanogram/m3. be allowed by the Department on
meritorious grounds.
Pursuant to Sec. 8 of this Act, the
Department shall prepare a detailed action Section 20. Ban on Incineration.- Incineration,
plan setting the emission standards or hereby defined as the burning of municipal,
standards of performance for any stationary biomedical and hazardous waste, which
source the procedure for testing emissions process emits poisonous and toxic fumes is
for each type of pollutant, and the hereby prohibited; Provided, however, That
procedure for enforcement of said the prohibition shall not apply to traditional
standards. small-scale method of
community/neighborhood sanitation “siga”,
traditional, agricultural, cultural, health, and

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Philippine Environmental Laws Pollution

Emission Limits for Light Duty Vehicles Department shall review, revise and publish
Type Approval the standards every two (2) years, or as the
(Directive 91/441/EEC) need arises. It shall consider the maximum
limits for all major pollutants to ensure
CO HC+NO x PMa substantial improvement in air quality for
(g/km) (g/km) (g/km) the health, safety and welfare of the general
public.
2.72 0.97 0.14
The following emission standards for type
food preparation and crematoria; Provided, approval of motor vehicles shall be effective
further, That existing incinerators dealing by the year 2003:
with a biomedical wastes shall be out within
three (3) years after the effectivity of this a.) For light duty vehicles, the exhausts
Act; Provided, finally, that in the interim, emission limits for gaseous pollutants shall
such units shall be limited to the burning of be:
pathological and infectious wastes, and
subject to close monitoring by the a for compression-ignition engines only
Department.
b) For light commercial vehicles, the
Local government units are hereby exhaust emission limit of gaseous pollutants
as a function of the given
PMa reference mass shall be:
Reference Weight CO HC + NO x
(g/k
(RW) (kg) (g/km) (g/km)
m) Emission Limits for Light
Category 1 1250< RW 2.72 0.97 0.14 Commercial Vehicles Type
Category 2 1250< RW<1700 5.17 1.4 0.19 Approval
Category 3 RW>1700 6.9 1.7 0.25 (Directive 93/59/EEC)
mandated to promote, encourage and
implement in their respective jurisdiction a a for compression-ignition engines only
comprehensive ecological waste
management that includes waste c.) For heavy duty vehicles, the exhaust
segregation, recycling and composting. emission limits of gaseous pollutants shall
be:
With due concern on the effects of climate
change, the Department shall promote the Emission Limits for Heavy Duty Vehicles
use of state-of-the-art, environmentally- Type Approval
sound and safe non-burn technologies for (Directive 91/542/EEC)
the handling, treatment, thermal
destruction, utilization, and disposal of NOx
sorted, unrecycled, uncomposted, CO HC PM
(g/k/W
biomedical and hazardous wastes. (g/k/Wh) (g/k/Wh) (g/k/Wh)
h)
4.5 1.1 8.0 0.36a
ARTICLE FOUR
Pollution from Motor Vehicles
a Inthe case of engines of 85 kW or less, the
Section 21. Pollution from Motor Vehicles. - a)
limit value for particular emissions in
The DOTC shall implement the emission
increased by multiplying the quoted limit by
standards for motor vehicles set pursuant to
a coefficient of 1.7
and as provided in this Act. To further
improve the emission standards, the

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Philippine Environmental Laws
Fuel evaporative emission for spark-ignition
engines shall not exceed 2.0 grams
hydrocarbons per test. Likewise, it shall not
allow any emission of gases from crankcase
ventilation system into the atmosphere.
The Department, in collaboration with the
DOTC, DTI and LGUs, shall develop an
action plan for the control and management
of air pollution from motor vehicles
consistent with the Integrated Air Quality
Framework. The DOTC shall enforce
compliance with the emission standards for
motor vehicles set by the Department. The
DOTC may deputize other law enforcement
agencies and LGUs for this purpose. To
this end, the DOTC shall have the power
to:
(1) Inspect and monitor the emissions of
motor vehicles;
(2) Prohibit or enjoin the use of motor
vehicles or a class of motor vehicles in any
area or street at specified times; and
(3) Authorize private testing emission
testing centers duly accredited by the DTI.
The DOTC, together with the DTI and the
Department, shall establish the procedures
for the inspection of motor vehicles and the
testing of their emissions for the purpose of
determining the concentration and/or rate
of pollutants discharged by said sources.
In order to ensure the substantial reduction
of emissions from a motor vehicles, the
Department of Trade and Industry (DTI),
together with the DOTC and the
Department shall formulate and implement
a national motor vehicle inspection and
maintenance program that will promote
efficient and safe operation of all motor
vehicles. In this regard, the DTI shall
develop and implement standards and
procedures for the certification of training
institutions, instructors and facilities and the
licensing of qualified private service centers
and their technicians as prerequisite for
performing the testing, servicing, repair and
the required adjustment to the vehicle
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emission system. The DTI shall likewise
prescribe regulations requiring the
disclosure of odometer readings and the use
of tamper-resistant odometers for all motor
vehicles including tamper-resistant fuel
management systems for the effective
implementation of the inspection and
maintenance program.
Section 22. Regulation of All Motor Vehicles
and Engines. - Any imported new or locally-
assembled new motor vehicle shall not be
registered unless it complies with the
emission standards set pursuant to this Act,
as evidenced by a Certificate of Conformity
(COC) issued by the Department.
Any imported new motor vehicle engine
shall not be introduced into commerce, sold
or used unless it complies with emission
standards set pursuant to this Act.
Any imported used motor vehicle or rebuilt
motor vehicle using new or used engines,
major parts or components shall not be
registered unless it complies with the
emission standards.
In case of non-compliance, the importer or
consignee may be allowed to modify or
rebuild the vehicular engine so it will be in
compliance with applicable emission
standards.
No motor vehicle registration (MVR) shall
be issued unless such motor vehicle passes
the emission testing requirement
promulgated in accordance with this Act.
Such testing shall be conducted by the
DOTC or its authorized inspection centers
within sixty (60) days prior to date of
registration.
The DTI shall promulgate the necessary
regulations prescribing the useful life of
vehicles and engines including devices in
order to ensure that such vehicles will
conform to the emissions which they were
certified to meet. These regulations shall
Philippine Environmental Laws
include provisions for ensuring the
durability of emission devices.
Section 23. Second-Hand Motor Vehicle
Engines. - Any imported second-hand motor
vehicle engine shall not be introduced into
commerce, sold or used unless it complies
with emission standards set pursuant to this
Act.
ARTICLE FIVE
Pollution from Other Sources
Section 24. Pollution from smoking. Smoking
inside a public building or an enclosed
public place including public vehicles and
other means of transport or in any enclosed
area outside of one’s private residence,
private place of work or any duly designated
smoking area is hereby prohibited under
this Act. This provision shall be
implemented by the LGUs.
Section 25. Pollution from other Mobile Sources.
- The Department, in coordination with
appropriate agencies, shall formulate and
establish the necessary standards for all
mobile sources other than those referred to
in Sec. 21 of this Act. The imposition of the
appropriate fines and penalties from these
sources for any violation of emission
standards shall be under the jurisdiction of
the DOTC.
CHAPTER 3
FUELS, ADDITIVES, SUBSTANCES
AND POLLUTANTS
Article One-
Fuels, Additives and Substances
Section 26. Fuels and Additives. Pursuant to
the Air Quality Framework to be
established under Section 7 of this Act, the
Department of Energy (DOE), co-chaired
by the Department of Environment and
Natural Resources (DENR), in consultation
with the Bureau of Product Standards (BPS)
of the DTI, the DOST, the representatives
of the fuel and automotive industries,
academe and the consumers shall set the
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specifications for all types of fuel and fuel-
related products, to improve fuel
composition for increased efficiency and
reduced emissions; Provided, however, that
the specifications for all types of fuel and
fuel-related products set-forth pursuant to
this section shall be adopted by the BPS as
Philippine National Standards (PNS).
The DOE, shall also specify the allowable
content of additives in all types of fuels and
fuel-related products. Such standards shall
be based primarily on threshold levels of
health and research studies. On the basis of
such specifications, the DOE shall likewise
limit the content or begin that phase-out of
additives in all types of fuels and fuel-related
products as it may deem necessary. Other
agencies involved in the performance of this
function shall be required to coordinate
with the DOE and transfer all documents
and information necessary for the
implementation of this provision.
Consistent with the provisions of the
preceding paragraphs under this section, it
is declared that:
a. not later than eighteen (18) months after
the effectivity of this Act, no person shall
manufacture, import, sell, supply, offer for
sale, dispense, transport or introduce into
commerce unleaded premium gasoline fuel
which has an anti-knock index (AKI) of not
less that 87.5 and Reid vapor pressure of
not more than 9 psi. Within six (6) months
after the effectivity of this Act, unleaded
gasoline fuel shall contain aromatics not to
exceed forty-five percent (45%) by volume
and benzene not to exceed four percent
(4%) by volume; Provided, that by year
2003, unleaded gasoline fuel should contain
aromatics not to exceed thirty-five percent
(35%) by volume and benzene not to
exceed two percent (2%) by volume;
b. not later than eighteen (18) months after
the effectivity of this Act, no person shall
manufacture, import, sell, supply , offer for
sale, dispense, transport or introduce into
commerce automotive diesel fuel which
Philippine Environmental Laws
contains a concentration of sulfur in excess
of 0.20% by weight with a cetane number of
index of not less than forty-eight (48);
Provided, That by year 2004, content of said
sulfur shall be 0.05% by weight; and
c. not later than eighteen (18) months after
the effectivity of this Act, no Person shall
manufacture, import, sell, supply, offer for
sale, dispense, transport or introduce into
commerce industrial diesel fuel which
contains a concentration of sulfur in excess
of 0.30% (by weight).
Every two (2) years thereafter or as the need
arises, the specifications of unleaded
gasoline and of automotive and industrial
diesel fuels shall be reviewed and revised for
further improvement in formulation and in
accordance with the provisions of this Act.
The fuels characterized above shall be
commercially available. Likewise, the same
shall be the reference fuels for emission and
testing procedures to be established in
accordance with the provisions of this Act.
Any proposed additive shall not in any way
increase emissions of any of the regulated
gases which shall include, but not limited to
carbon monoxide, hydrocarbons, and
oxides of nitrogen and particulate matter, in
order to be approved and certified by the
Department.
Section 27. Regulation of Fuels and Fuel
Additives. - The DOE, in coordination with
the Department and the BPS, shall regulate
the use of any fuel or fuel additive. No
manufacturer, processor or trader of any
fuel or additive may import, sell, offer for
sale, or introduce into commerce such fuel
for additive unless the same has been
registered with the DOE. Prior to
registration, the manufacturer, processor or
trader shall provide the DOE with the
following relevant information:
a. Product identity and composition to
determine the potential health effects of
such fuel additives;
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b. Description of the analytical technique
that can be used to detect and measure the
additive in any fuel;
c. Recommended range of concentration;
and
d. Purpose in the use of the fuel and
additive.
Section 28. Misfueling. - In order to
prevent the disabling of any emission
control device by lead contamination, no
person shall introduce or cause or allow the
introduction of leaded gasoline into any
motor vehicle equipped with a gasoline tank
filler inlet and labeled “ unleaded gasoline
only “. This prohibition shall also apply to
any person who knows or should know that
such vehicle is designed solely for the use of
unleaded gasoline.
Section 29. Prohibition on Manufacture. -
Import and Sale of leaded Gasoline and of
Engines and/or Components Requiring
Leaded Gasoline. Effective not later than
eighteen (18) months after the enactment of
this Act, no person shall manufacture,
import, sell, offer for sale, introduce into
commerce, convey or otherwise dispose of,
in any manner leaded gasoline and engines
and components requiring the use of leaded
gasoline.
For existing vehicles, the DTI shall
formulate standards and procedures that
will allow non-conforming engines to
comply with the use of unleaded fuel within
five (5) years after the effectivity of this Act.
Article Two
Other Pollutants
Section 30. Ozone-Depleting Substances. -
Consistent with the terms and conditions of
the Montreal Protocol on Substances that
Deplete the Ozone Layer and other
international agreements and protocols to
which the Philippines is a signatory, the
Department shall phase out ozone-depleting
substances.
Philippine Environmental Laws
Within sixty (60) days after the enactment
of this Act, the Department shall publish a
list of substances which are known to cause
harmful effects on the stratospheric ozone
layer.
Section 31. Greenhouse Gases. The Philippine
Atmospheric, Geophysical and
Astronomical Service Administration
(PAGASA) shall regularly monitor
meteorological factors affecting
environmental conditions including ozone
depletion and greenhouse gases and
coordinate with the Department in order to
effectively guide air pollution monitoring
and standard-setting activities.
The Department, together with concerned
agencies and local government units, shall
prepare and fully implement a national plan
consistent with the United Nations
Framework Convention on Climate Change
and other international agreements,
conventions and protocols on the reduction
of greenhouse gas emissions in the country.
Section 32. Persistent Organic Pollutants. - The
Department shall, within a period of two (2)
years after the enactment of this Act,
establish an inventory list of all sources of
Persistent Organic Pollutants (POPs) in the
Country. The Department shall develop
short-term and long-term national
government programs on the reduction and
elimination of POPs such as dioxins and
furans. Such programs shall be formulated
within a year after the establishment of the
inventory list.
Section 33. Radioactive Emissions. - All
projects which will involve the use of
atomic and/or nuclear energy, and will
entail release and emission of radioactive
substances into the environment, incident
to the establishment or possession of
nuclear energy facilities and radioactive
materials, handling, transport, production,
storage, and use of radioactive materials,
shall be regulated in the interest of public
health and welfare by the Philippine Nuclear
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Research Institute (PNRI), in coordination
with Department and other appropriate
government agencies.
CHAPTER 4
INSTITUTIONAL MECHANISM
Section 34. Lead Agency. - The Department,
unless otherwise provided herein, shall be
the primary government agency responsible
for the implementation and enforcement of
this Act. To be more effective in this regard,
The Department’s Environmental
Management Bureau (EMB) shall be
converted from a staff bureau to a line
bureau for a period of no more than two (2)
years, unless a separate, comprehensive
environmental management agency is
created.
Section 35. Linkage Mechanism. - The
Department shall consult, participate,
cooperate and enter into agreement with
other government agencies, or with affected
non-governmental (NGOs) or people’s
organizations (POs),or private enterprises in
the furtherance of the objectives of this Act.
Section 36. Role of Local Government Units. -
Local Government units (LGUs) shall share
the responsibility in the management and
maintenance of air quality within their
territorial jurisdiction. Consistent with Secs.
7,8 and 9 of this Act, LGUs shall implement
air quality standards set by the Board in
areas within their jurisdiction; Provided,
however, that in case where the board has
not been duly constituted and has not
promulgated its standards, the standards set
forth in this Act shall apply.
The Department shall provide the LGUs
with technical assistance, trainings and a
continuing capability-building program to
prepare them to undertake full
administration of the air quality
management and regulation within their
territorial jurisdiction.
Philippine Environmental Laws
Section 37. Environmental and Natural
Resources Office. - There may be established
an Environment and Natural Resources
Office in every province, city, or
municipality which shall be headed by the
environment and natural resources officer
and shall be appointed by the Chief
Executive of every province, city or
municipality in accordance with the
provisions of Section 484 of Republic Act
No. 7160. Its powers and duties, among
others, are :
a. To prepare comprehensive air quality
management programs, plans and strategies
within the limits set forth in Republic act.
No. 7160 and this Act which shall be
implemented within its territorial
jurisdiction upon the approval of the
sanggunian;
b. To provide technical assistance and
support to the governor or mayor, as the
case may be, in carrying out measures to
ensure the delivery of basic services and the
provision of adequate facilities relative to air
quality;
c. To take the lead in all efforts concerning
air quality protection and rehabilitation;
d. To recommend to the Board air quality
standards which shall not exceed the
maximum permissible standards set by
rational laws;
e. To coordinate with other government
agencies and non-governmental
organizations in the implementation of
measures to prevent and control air
pollution; and
f. Exercise such other powers and perform
such duties and functions as may be
prescribed by law or ordinance.
Provided, however, that, in provinces/
cities/municipalities where there are no
environment and natural resources officers,
the local executive concerned may designate
any of his official and/ or chief of office
preferably the provincial, city or municipal
agriculturist, or any of his employee;
Provided, finally, that in case an employee is
designated as such, he must have a
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sufficient experience in environmental and
natural resources management, conservation
and utilization.
Section 38. Record-keeping, Inspection,
Monitoring and Entry by the Department. - The
Department or its duly accredited entity
shall, after proper consultation and notice,
require any person who owns or operates
any emissions source or who is subject to
any requirement of this Act to: (a) establish
and maintain relevant records; (b) make
relevant reports; (c) install, use and maintain
monitoring equipment or methods; (d)
sample emission, in accordance with the
methods, locations, intervals and manner
prescribed by the Department; (e) keep
records on control equipment parameters,
production variables or other indirect data
when direct monitoring of emissions is
impractical; and (f) provide such other
information as the Department may
reasonably require.
Pursuant to this Act, the Department,
through its authorized representatives, shall
have the right of: (a) entry of access to any
premises including documents and relevant
materials as referred to in the herein
preceding paragraph, b) inspect any
pollution or waste source, control device,
monitoring equipment or method required,
and c) test any emission.
Any record, report or information obtained
under this section shall be made available to
the public, except upon a satisfactory
showing to the Department by the entity
concerned that the record, report or
information, or parts thereof, if made
public, would divulge secret methods or
processes entitled to protection as
intellectual property. Such record, report or
information shall likewise be incorporated
in the Department’s industrial rating system.
Section 39. Public Education and Information
Campaign. - A continuing air quality
information and education campaign shall
promoted by the Department, the
Philippine Environmental Laws
Department of Education, Culture and
Sports (DECS), the Department of the
Interior and Local Government (DILG),
the Department of Agriculture (DA) and
the Philippine Information Agency (PIA).
Consistent with Sec. 7 of this Act, such
campaign shall encourage the participation
of other government agencies and the
private sector including NGOs, POs, the
academe, environmental groups and other
private entities in a multi-sectoral
information campaign.
CHAPTER 5
ACTIONS
Section 40. Administrative Action.- Without
prejudice to the right of any affected person
to file an administrative action , the
Department shall, on its own instance or
upon verified complaint by any person,
institute administrative proceedings against
any person who violates:
a) Standards or limitation provided under
this Act; or
b) Any order, rule or regulation issued by
the Department with respect to such
standard or limitation.
Section 41. Citizen Suits. - For purposes of
enforcing the provisions of this Act or its
implementing rules and regulations, any
citizen may file an appropriate civil, criminal
or administrative action in the proper courts
against:
(a) Any person who violates or fails to
comply with the provisions of this Act or its
implementing rules and regulations; or
(b) The Department or other implementing
agencies with respect to orders, rules and
regulations issued inconsistent with this act;
and/or
(c) Any public officer who willfully or
grossly neglects the performance of an act
specifically enjoined as a duty by this Act or
its implementing rules and regulations; or
abuses his authority in the performance of
his duty; or, in any manner, improperly
performs his duties under this Act or its
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implementing rules and regulations:
Provided, however, That no suit can be filed
until thirty-day (30) notice has been taken
thereon.
The court shall exempt such action from
the payment of filing fees, except fees for
actions not capable of pecuniary
estimations, and shall likewise, upon prima
facie showing of the non-enforcement or
violation complained of, exempt the
plaintiff from the filing of an injunction
bond for the issuance of a preliminary
injunction.
Within thirty (30) days, the court shall make
a determination if the compliant herein is
malicious and/or baseless and shall
accordingly dismiss the action and award
attorney’s fees and damages.
Section 42. Independence of Action. - The
filing of an administrative suit against such
person/entity does not preclude the right of
any other person to file any criminal or civil
action. Such civil action shall proceed
independently.
Section 43. Suits and Strategic Legal Actions
Against Public Participation and the Enforcement
of this Act. - Where a suit is brought against a
person who filed an action as provided in
Sec. 41 of this Act, or against any person,
institutions or government agency that
implements this Act, it shall be the duty of
the investigating prosecutor or the court, as
the case may be, to immediately make a
determination not exceeding thirty (30) days
whether said legal action has been filed to
harass, vex, exert undue pressure or stifle
such legal recourses of the person
complaining of or enforcing the provisions
of this Act. Upon determination thereof,
evidence warranting the same, the court
shall dismiss the case and award attorney’s
fees and double damages.
This provision shall also apply and benefit
public officers who are sued for acts
committed in their official capacity, their
Philippine Environmental Laws
being no grave abuse of authority, and done
in the course of enforcing this Act.
Section 44. Lien Upon Personal and Immovable
Properties of Violators. - Fines and penalties
imposed pursuant to this Act shall be liens
upon personal immovable properties of the
violator. Such lien shall, in case of
insolvency of the respondent violator, enjoy
preference to laborer’s wages under Article
2241 and 2242 of Republic Act No. 386,
otherwise known as the New Civil Code of
the Philippines.
CHAPTER 6
FINES AND PENALTIES
Section 45. Violation of Standards for
Stationary Sources. - For actual exceedance of
any pollution or air quality standards under
this Act or its rules and regulations, the
Department, through the Pollution
Adjudication Board (PAB), shall impose a
fine of not more than One hundred
thousand pesos (P100,000.00) for every day
of violation against the owner or operator
of a stationary source until such time that
the standards have been complied with.
For purposes of the application of the fines,
the PAB shall prepare a fine rating system
to adjust the maximum fine based on the
violator’s ability to pay, degree of
willfulness, degree of negligence, history of
noncompliance and degree of recalcitrance.
Provided, That in case of negligence, the
first time offender’s ability to pay may
likewise be considered by the Pollution
Adjudication Board; Provided, further, That
in the absence of any extenuating or
aggravating circumstances, the amount of
fine for negligence shall be equivalent to
one-half of the fine for willful violation.
The fines herein prescribed shall be
increased by at least ten percent (10%),
every three (3) years to compensate for
inflation and to maintain the deterrent
function of such fines.
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In addition to the fines, the PAB shall order
closure, suspension of development,
construction, or operations of the stationary
sources until such time that proper
environmental safeguards are put in place;
Provided, that an establishment liable for a
third offense shall suffer permanent closure
immediately. This paragraph shall be
without prejudice to the immediate issuance
of an ex parte order for such closure,
suspension of development or construction,
or cessation of operations during the
pendency of the case upon prima facie
evidence that their is imminent threat to life,
public health, safety or general welfare, or to
plant or animal life, or whenever there is an
exceedance of the emission standards set by
the Department and/or the Board and/or
the appropriate LGU.
Section 46. Violation of Standards for Motor
Vehicles. - No motor vehicle shall be
registered with the DOTC unless it meets
the emission standards set by the
Department as provided in Sec. 21 hereof.
Any vehicle suspected of violation of
emission standards through visual signs,
such as, but not limited to smoke-belching,
shall be subjected to an emission test by a
duly authorized emission testing center. For
this purpose, the DOTC or its authorized
testing center shall establish a roadside
inspection system. Should it be shown that
there was no violation of emission
standards, the vehicle shall be immediately
released. Otherwise, a testing result
indicating an exceedance of the emission
standards would warrant the continuing
custody of the impounded vehicle unless
the appropriate penalties are fully paid, and
the license plate is surrendered to the
DOTC pending the fulfillment of the
undertaking by the owner/operator of the
motor vehicle to make the necessary repairs
so as to comply with the standards. A pass
shall herein be issued by the DOTC to
authorize the use of the motor vehicle
within a specified period that shall not
exceed seven (7) days for the sole purpose
Philippine Environmental Laws
of making the necessary repairs on the said
vehicle. The owner/operator of the vehicle
shall be required to correct its defects and
show proof of compliance to the
appropriate pollution control office before
the vehicle can be allowed to be driven on
any public or subdivision roads.
In addition, the driver and operator of the
apprehended vehicle shall undergo a
seminar on pollution control management
conducted by the DOTC and shall also
suffer the following penalties:
a. First Offense - a fine not to exceed Two
Thousand Pesos ( P 2, 000.00);
b. Second Offense - a fine not less than
Two Thousand Pesos (P 2,000.00) and not
to exceed Four Thousand Pesos (P 4,
000.00); and
c. Third offense - one (1) year suspension of
the Motor Vehicle Registration (MVR) and
a fine of not less than Four Thousand Pesos
(P 4,000.00) and not more than Six
thousand pesos (P 6,000.00).
Any violation of the provisions of Sec. 21
paragraph (d) with regard to national
inspection and maintenance program,
including technicians and facility
compliance shall penalized with a fine of
not less than Thirty Thousand Pesos (P
30,000.00) or cancellation of license of both
the technician and the center, or both, as
determined by the DTI.
All law enforcement officials and deputized
agents accredited to conduct vehicle
emissions testing and apprehensions shall
undergo a mandatory training on emission
standards and regulations. For this purpose,
the Department, together with the DOTC,
DTI, DOST, Philippine National Police
(PNP) and other concerned agencies and
private entities shall design a training
program.
Section 47. Fines and Penalties for Violations of
other Provisions in the Act. - For violations of
all other provisions provided in this Act and
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Pollution
of the rules and regulations thereof, a fine
of not less than Ten thousand pesos (P
10,000) but not more than One Hundred
thousand Pesos ( P 100,000) or six (6)
months to six (6) years imprisonment or
both shall be imposed. If the offender is a
juridical person, the president, manager,
directors, trustees, the pollution control
officer or the officials directly in charge of
the operations shall suffer the penalty herein
provided.
Section 48. Gross Violations. - In case if
gross violation of this Act or its
implementing rules and regulations, the
PAB shall recommend to the proper
government agencies to file the appropriate
criminal charges against the violators. The
PAB shall assist the public prosecutor in the
litigation of the case. Gross violation shall
mean : (a) three (3) or more specific
offenses within a period of one (1) year; (b)
three (3) or more specific offenses with
three (3) consecutive years; (c) blatant
disregard of the orders of the PAB, such s
but not limited to the breaking of seal,
padlocks and other similar devices, or
operation despite the existence of an order
for closure, discontinuance or cessation of
operation; and (d) irreparable or grave
damage to the environment as a
consequences of any violation of the
provisions of this Act.
Offenders shall be punished with
imprisonment of not less than six (6) years
but not more than ten (10) years at the
discretion of the court. If the offender is a
juridical person, the president, manager,
directors, trustees, the pollution control
officer or the officials directly in charge of
the operations shall suffer the penalty herein
provided.
CHAPTER 7
FINAL PROVISIONS
Section 49. Potential Loss or Shifts of
Employment. - The Secretary of Labor is
hereby authorized to establish a
Philippine Environmental Laws
compensation, retraining and relocation
program to assist workers laid off due to a
company’s compliance with the provisions
of this Act.
Section 50. Appropriations. - An amount of
Seven Hundred Fifty million pesos
(P750,000,000.00) shall be appropriated for
the initial implementation of this Act, of
which, the amount of Three Hundred
million pesos (300,000,000.00) shall be
appropriated to the Department; Two
hundred million pesos (P200,000,000.00)
shall to the DTI; One hundred Fifty million
pesos (P150,000,000.00) to the DOTC; and
One Hundred million pesos (P
100,000,000.00) to the DOE.
Thereafter, the amount necessary to
effectively carry out the provisions of this
Act shall be included in the General
Appropriations Act.
Section 51. Implementing Rules and Regulations.
- The Department, in coordination with the
Committees on Environment and Ecology
of the Senate and House of Representatives,
respectively and other agencies, shall
promulgate the implementing rules and
regulations for this Act, within one (1) year
after the enactment of this Act: Provided,
That rules and regulations issued by other
government agencies and instrumentalities
for the prevention and/or abatement of
pollution not inconsistent with this Act shall
supplement the rules and regulations issued
by the Department pursuant to the
provisions of this Act.
The draft of the implementing rules and
regulations and standards set pursuant to
the provisions of this Act.
Section 52. Report to Congress. - The
Department shall report to Congress, not
later than March 30 of every year following
the approval of this Act, the progress of the
pollution control efforts and make the
necessary recommendations in areas where
there is need for legislative action.
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Section 53. Joint Congressional Oversight
Committee. - There is hereby created a joint
congressional oversight committee to
monitor the implementation of this Act.
The committee shall be composed of five
(5) senators representatives to be appointed
by the Senate President and the Speaker of
the House of Representatives, respectively,
the oversight committee shall be co-chaired
by a senator and a representative designated
by the Senate President and the Speaker of
the House of Representatives, respectively.
The mandate given to the joint
congressional oversight committee under
this Act shall be without prejudice to the
performance of the duties and functions by
the respective existing oversight committees
of the Senate and the House of
Representatives.
Section 54. Separability of Provisions. If any
provision of this Act or the application of
such provision to any person or
circumstances is declared unconstitutional,
the remainder of the Act or the application
of such provision to other person or
circumstances shall not be affected by such
declaration.
Section 55. Repealing Clause. - Presidential
Decree No. 1181 is hereby repealed.
Presidential Decree Nos. 1152, 1586,
Presidential Decree No. 984 are partly
modified. All other laws, orders, issuance,
rules and regulations inconsistent herewith
are hereby repealed or modified accordingly.
Section 56. Effectivity. This Act shall take
effect fifteen (15) days from the date of its
publication in the Official Gazette or in at
least two (2) newspapers of general
circulation.
Approved,
Philippine Environmental Laws Pollution

(Sgd) MANUEL B. VILLAR JR.

Speaker of the House of Representatives

(Sgd) MARCELO B. FERNAN

President of the Senate

This Act, which is a consolidation of Senate

Bill No. 1255 and House Bill No. 6216 was
finally passed by the Senate and
House of Representatives on May 13, 1999
and May 10, 1999, respectively.

(Sgd) ROBERTO P. NAZARENO

Secretary General
House of Representatives

(Sgd) HEZEL P. GACUTAN

Secretary of the Senate

Helping Communities Defend the Earth